Bombay High Court
SHASHIKANT @ SACHIN RAOSAHEB GAIKWAD.versusSINGARA SINGH HARNAMSINGH AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court permits the applicant to withdraw 50% of the deposited compensation, subject to conditions, while the balance remains in fixed deposit.
Summary
The applicant filed a civil application seeking to withdraw a portion of the compensation awarded by a tribunal and deposited by an insurance company. The court examined the tribunal's endorsement of the applicant's entitlement and the competing interests of the parties. It held that allowing a partial withdrawal would strike a proper balance. Consequently, the court partially allowed the application, permitting the applicant to withdraw 50% of the deposited amount with accrued interest, subject to an undertaking and the balance being kept in a fixed deposit for three years. The order is conditional on the final outcome of the appeal.
Issues considered
- Whether the applicant is entitled to withdraw part of the compensation awarded by the tribunal before the final determination of the appeal
Subjects
- compensation
- insurance
- withdrawal
- tribunal award
- partial relief
- fixed deposit
- civil application
Judgment
2026:BHC-AUG:42170
1 34-CA-10258-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10258 OF 2026
IN FA/2527/2024
SHASHIKANT @ SACHIN RAOSAHEB GAIKWAD
VERSUS
SINGARA SINGH HARNAMSINGH AND ANOTHER
...
Advocate for Applicant : Mr. Rajendra L. Kute
Advocate for Respondent No.2 : Mr. M. M. Ambhore
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 10-09-2026
PER COURT:-
1. The applicant has presented this application seeking
withdrawal of the amount of compensation awarded by the
tribunal, which is deposited by the Insurance Company.
2. Considering the facts and circumstances that the entitlement
of the applicant is endorsed by the tribunal after considering the
rival contentions of the litigating sides and to strike the balance in
the competing interest, it will be appropriate to permit the
applicant to withdraw the amount.
3. Thus, the application is partly allowed.
4. The applicant is permitted to withdraw 50% of the deposited
amount in this court, alongwith interest accrued thereon.
2 34-CA-10258-26.odt
5. The applicant shall furnish an undertaking that disbursement
would remain subject to the final outcome of this appeal, to the
satisfaction of the Registrar (Judicial) of this Court.
6. The balance amount shall be kept in Fixed Deposit of any
Nationalized Bank initially for the period of three (3) years, which
is to be renewed periodically until further orders of this court.
[SACHIN S. DESHMUKH]
JUDGE
rrd
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